Court File No. CV15-10920-00CL

ONTARIO SUPERIOR COURT OF JUSTICE

COMMERCIAL LIST

IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

AND IN THE MATTER OF A PROPOSED PLAN OF

COMPROMISE OR ARRANGEMENT WITH RESPECT TO COMARK INC.

EIGHTH REPORT OF THE MONITOR ALVAREZ & MARSAL CANADA INC.

FEBRUARY 18, 2016

TABLE OF CONTENTS

1.0  INTRODUCTION........................................................................................................................1 

2.0  TERMSOFREFERENCE...........................................................................................................4 

3.0  UPDATEONTHESALETRANSACTION..............................................................................5 

4.0  UPDATEONTHEDIRECTORANDOFFICERCLAIMSPROCEDURE...........................6 

5.0  REMAININGCOURTORDEREDCHARGES.........................................................................8 

6.0  POST‐CLOSINGRECEIPTSANDDISBURSEMENTS.......................................................10 

7.0  INTERIMDISTRIBUTION......................................................................................................12 

8.0  PAYMENTOFTRUSTFUNDSINTOCOURT.....................................................................14 

9.0  EXTENSIONOFTHESTAYPERIOD...................................................................................15 

10.0  MONITOR’SACTIVITIESSINCETHEDATEOFTHESEVENTHREPORT................16 

11.0  MONITOR'SRECOMMENDATIONS....................................................................................17 

INDEX TO APPENDICES

Appendix “A” – Newspaper publications of Notice to Claimants, published on December 7, 2015.

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1.0 INTRODUCTION

1.1 On March 26, 2015, Comark Inc. (“Comark”, the “Company” or the “Applicant”)

applied for and was granted protection by the Ontario Superior Court of Justice

(Commercial List) (the “Court”) under the Companies' Creditors Arrangement Act,

R.S.C. 1985, c. C-36, as amended (the “CCAA”). Pursuant to an order of the Court

dated March 26, 2015 (the “Initial Order”), Alvarez & Marsal Canada Inc. (“A&M”, or

the “Monitor”) was appointed Monitor of the Applicant in the CCAA proceedings (the

“CCAA Proceedings”).

1.2 As contemplated by the Initial Order, the Applicant attended the Comeback Hearing on

April 7, 2015. The Comeback Hearing was unopposed.

1.3 On April 21, 2015, this Court issued the “Amended and Restated Initial Order”

(hereinafter, unless the context otherwise requires, the “Initial Order”), which

incorporates certain changes to the Initial Order granted March 26, 2015 that are

described in the Second Report of the Monitor dated April 16, 2015.

1.4 In connection with the CCAA Proceedings, A&M, in its capacities as proposed monitor

and as Monitor, has provided this Court with eight prior reports including the Pre-Filing

Report (the “Prior Reports”). The Prior Reports, the Initial Order, and other Court-filed

documents and notices in these CCAA Proceedings are available on the Monitor’s

website at: www.alvarezandmarsal.com/comark.

1.5 On July 29, 2015, this Court issued an order (the “Approval and Vesting Order”)

which, among other things, approved the sale transaction (the “Transaction”)

contemplated by the asset purchase agreement made between the Company and Pacific

West Commercial Corporation and its permitted assignees (collectively, the

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“Purchaser”) dated July 16, 2015 (the “APA”). Pursuant to the Approval and Vesting

Order, upon delivery of the Monitor’s Certificate, the Applicant’s right, title and interest

in and to the assets described in the APA vested in the Purchaser free and clear of any

claims and encumbrances other than certain permitted encumbrances.

1.6 On July 29, 2015, this Court also issued an order (the “Distribution Order”) which,

among other things: (i) approved a distribution from the sale proceeds paid to the Monitor

on the closing (“Closing”) of the Transaction (the “Sale Proceeds”) to Salus Capital

Partners, LLC (“Salus”) in an amount to be determined by the Monitor and in the

maximum amount of Salus’ secured claim (the “Salus Distribution”); and (ii) extended

the Stay Period, as defined in paragraph 14 of the Initial Order, until and including

October 30, 2015.

1.7 On August 13, 2015, this Court issued an order, among other things, assigning the rights

and obligations under certain leases and contracts held by the Applicant to the Purchaser.

1.8 On October 30, 2015, this Court issued an order, among other things: (i) unsealing the

unredacted APA and the Confidential Appendix “D” to the Monitor’s Fourth Report to

the Court dated July 23, 2015 (the “Fourth Report”), both of which had been sealed by

the Approval and Vesting Order; and (ii) extending the Stay Period to November 30,

2015.

1.9 On November 30, 2016, this Court issued an order (the “D&O Claims Procedure

Order”), among other things, approving the proposed procedure (the “D&O Claims

Procedure”) for the solicitation, determination and resolution of certain claims against

current and former directors and officers of the Applicant, and extending the Stay Period

to February 29, 2016.

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1.10 The purpose of this report (the “Eighth Report”) is to provide the Court with:

1. an update in respect of:

a) the Transaction;

b) the D&O Claims Procedure;

2. information regarding:

a) the Company’s receipts and disbursements for the period August 20, 2015 to

February 12, 2016;

b) the activities of the Monitor since the date of the Monitor’s Seventh Report to the

Court dated November 25, 2015 (the “Seventh Report”);

c) the Applicant’s motion returnable February 23, 2016 seeking an order, among

other things:

i. terminating the D&O Charge (defined below), subject to the

reservation of an amount to be recommended by the Monitor at the

hearing of this motion to cover the maximum potential liability of the

directors and officers of Comark (the “Directors and Officers”) that

could be secured by the D&O Charge and related costs;

ii. reducing the amount of the Administration Charge to $375,000;

iii. approving distributions to Salus from time to time in amounts to be

determined by the Monitor in the maximum aggregate amount of the

Remaining Salus Secured Claim (defined below);

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iv. approving the payment of $17,773 into Court for the benefit of the

Unlocated Members (defined below) of the Pension Plan (defined

below) for their share of the surplus assets of the Pension Plan;

v. ordering that the confidential exhibit to the Bachynski Affidavit

(defined below) be sealed from the public record and kept confidential;

vi. extending the Stay Period to May 31, 2016;

vii. approving this Eighth Report and the Monitor’s activities described

therein; and

3. the Monitor’s recommendations in connection with the foregoing.

2.0 TERMS OF REFERENCE

2.1 In preparing this Eighth Report, the Monitor has been provided with and has relied upon,

unaudited financial information, books, records and financial information prepared by

certain senior management of Comark (“Senior Management”), and discussions with

Senior Management (collectively, the “Information”).

2.2 Future oriented financial information referred to in this Eighth Report was prepared based

on management’s estimates and assumptions. Readers are cautioned that since

projections are based upon assumptions about future events and conditions that are not

ascertainable, the actual results will vary from the projections. Even if the assumptions

materialize, the variations could be significant.

2.3 Capitalized terms not otherwise defined in this Eighth Report are as defined in the

Affidavit of Gerald Bachynski sworn February 16, 2016 (the “Bachynski Affidavit”),

the Initial Order and the APA, as applicable.

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2.4 Unless otherwise stated, all monetary amounts contained in this Eighth Report are

expressed in Canadian dollars.

3.0 UPDATE ON THE SALE TRANSACTION

Working Capital Adjustment

3.1 As discussed in the Fourth Report, the APA provides a mechanism to adjust the Purchase

Price to reflect changes in working capital from a specified target amount which was set

at the historical normalized annual average level of working capital as compared to the

actual Working Capital at Closing (the “Working Capital Adjustment”). The APA

required that the Monitor hold $5 million from the Sale Proceeds in trust (the “Holdback

Amount”) pending the determination of the Working Capital Adjustment.

3.2 As discussed in the Seventh Report, in connection with the determination of the Working

Capital Adjustment, the Purchaser prepared and delivered to the Applicant and the

Monitor a statement of the working capital as at Closing (the “Working Capital

Statement”) on November 4, 2015.

3.3 In order to provide the Applicant and the Monitor sufficient time to complete their review

of the assumptions and calculations supporting the Working Capital Statement, and for

the parties to agree to any changes, the Applicant, in accordance with the terms of the

APA, filed a Notice of Dispute with the Purchaser on November 18, 2015.

3.4 On December 17, 2015, Comark, the Monitor and the Purchaser agreed on a Working

Capital Adjustment of $4.378 million in favour of the Purchaser. On December 18, 2015,

in accordance with the provisions of the APA and with the consent of Salus, the Monitor

paid the Working Capital Adjustment amount to the Purchaser from the Holdback

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Amount. The remaining Holdback Amount of $622,000 has been released to the Comark

estate.

The Transition Services Agreement

3.5 To date, both the Company and the Purchaser have performed and continue to perform

their respective obligations under the Transition Services Agreement.

4.0 UPDATE ON THE DIRECTOR AND OFFICER CLAIMS PROCEDURE

General

4.1 In this section, all capitalized terms not defined elsewhere have the meaning ascribed to

them in the D&O Claims Procedure Order.

4.2 In accordance with the provisions of the D&O Claims Procedure Order, the Monitor took

the following steps:

On November 30, 2015, posted the Notice to Claimants on the Monitor’s website;

and

On December 7, 2015, caused the Notice to Claimants to be published in: (i) the

Globe and Mail (National Edition), and (ii) La Presse. Copies of the publications

are attached as Appendix “A”.

4.3 In addition, the Monitor sent a Claims Package to the parties appearing on the service list,

to those parties identified in the books and records of the Company as potential Claimants

and to two additional parties who requested a Claims Package.

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Claims Bar Date

4.4 Any Claimant asserting a D&O Claim (Director or Officer Claim) was required to file the

applicable Proof of Claim form with the Monitor by 5:00 p.m. EST on January 21, 2016

(the “Claims Bar Date”).

Summary of D&O Claims Filed

4.5 Six Proofs of Claim totaling approximately $98,600 were filed with the Monitor on or

before the Claims Bar Date (the “Claims”). Two of the Claims, totaling approximately

$3,700 were filed by suppliers, and the remaining four Claims, totaling approximately

$94,900 were filed by former employees.

4.6 The Monitor, in consultation with the Applicant, reviewed the Claims and determined

that none of the Claims qualified as Accepted Claims. Accordingly, on January 15 and

20, and February 5 and 9, 2016, the Monitor sent Notices of Revision or Disallowance to

each of the Claimants disallowing their respective Claims in their entirety.

4.7 The D&O Claims Procedure Order provides that any Claimant who intends to dispute a

Notice of Revision or Disallowance must deliver a Notice of Dispute to the Monitor no

later than 5:00 p.m. EST on the fifteenth day after the Notice of Revision or

Disallowance is deemed to have been received by the Claimant, or such later date as the

Monitor, in consultation with the Applicant, may agree in writing or the Court may order

(the “Dispute Period”). If a Claimant fails to deliver a Notice of Dispute within the

Dispute Period, the Claimant is deemed to accept the amount of its D&O Claim as set out

in the Notice of Revision or Disallowance and any portion of their D&O Claim that is

disallowed pursuant to a Notice of Revision or Disallowance is forever extinguished and

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released as against the property of the Company and as against the Directors and

Officers.

4.8 The Dispute Period in respect of the Notices of Revision or Disallowance sent on each of

January 15 and 20, 2016 for Claims totaling approximately $26,200 has expired and the

Monitor did not receive any Notices of Dispute in respect of these claims. These claims

have therefore been extinguished and released.

4.9 The Dispute Periods in respect of the Notices of Revision or Disallowance sent on

February 5 and 9, 2016 for Claims totaling approximately $36,600 and $35,700 expire on

February 22 and 25, 2016, respectively. To date, the Monitor has not received any

Notices of Dispute.

4.10 Any Claimant who delivers a Notice of Dispute and who wishes to continue to dispute

the Notice of Revision or Disallowance must, within 10 Business Days of delivery of the

Notice of Dispute, file an application with the Court seeking determination of the D&O

Claim, which application shall be returnable within 7 Business Days of the filing of the

application.

5.0 REMAINING COURT ORDERED CHARGES

The Directors’ and Officers’ Charge

5.1 The Initial Order provides that Comark shall indemnify its directors and officers against

liabilities and obligations incurred in their positions as directors and officers after the

commencement of these CCAA proceedings, except in respect of any obligation or

liabilities incurred as a result of a director’s or officer’s gross negligence or willful

misconduct. As security for the indemnity, the Court granted a charge in favour of the

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directors and officers over all of the property of Comark in the maximum amount of $3

million (the “D&O Charge”).

5.2 As a result of the D&O Claims Procedure, including the passing of the Claims Bar Date,

all potential claims against the D&O Charge are known. The maximum liability of the

Directors and Officers that is potentially secured by the D&O Charge is approximately

$72,300, being the total amount of the Claims that, although they have been disallowed,

have not yet been deemed to be finally extinguished and released.

5.3 It is the Monitor’s view that the D&O Charge is no longer necessary and should be

discharged, subject to the reservation of an amount to be recommended by the Monitor at

the hearing for the Applicant’s motion returnable February 23, 2016 (the “D&O Reserve

Amount”) to cover the maximum potential liability of the Directors and Officers that

could be secured by the D&O Charge and related costs, until final resolution of the

remaining Claims or further order of the Court. The creation of the D&O Reserve

Amount is not intended to affect the obligations of the Company’s existing director and

officer liability insurer.

Administration Charge

5.4 The Initial Order also provided a charge over all of the property of Comark not to exceed

$1.2 million for the benefit of the Monitor, counsel to the Monitor, Applicant’s counsel,

and the Financial Advisor with respect to its retainer as security for their professional fees

and disbursements incurred at their standard rates and charges in respect of these CCAA

proceedings (the “Administration Charge”).

5.5 The Financial Advisor has been paid in full for its services, the Company’s business and

assets have been sold and it is no longer operating, and the remaining matters to be

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addressed in the administration of the Comark estate are as described in this Eighth

Report. Accordingly, it is the Monitor’s view that the Administration Charge should be

reduced to $375,000.

6.0 POST-CLOSING RECEIPTS AND DISBURSEMENTS

6.1 The receipts and disbursements of the Applicant during the post-Closing period August

20, 2015 to February 12, 2016 are summarized in the table below.

Amount ($)

ReceiptsSale Proceeds (note 1) 77,664 Cash on hand at August 19, 2015 5,377 Proceeds from term deposit 1,101 Net receipts from post-closing sales 239 Net receipts from pre-closing sales 653 Tax and workers' compensation refunds 174 Other receipts 415 Pension trust funds 18

Total Receipts 85,640

DisbursementsDistribution to Salus 75,571 Working Capital Adjustment 4,378 Payment to Purchaser of funds collected on its behalf 239 Bridging finance fees 280 General and administrative expenses 4 Outstanding cheques 206 Cure costs 1,026 Priority payments (note 2) 40 GST/HST 169 Professional fees 2,424

Total Disbursements 84,336

Available Funds (note 3) 1,304

Note 1 Sale Proceeds include approximately $663,500 of GST/HST and QST on the Transaction.Note 2

Note 3 Amount does not include retainers in the aggregate amount of $275,000 held by the Applicant's legal counsel, the Monitor, and the

Monitor's legal counsel.

Comark Inc.Schedule of Receipts and Disbursements

For the Post-Closing Period August 20, 2015 to February 12, 2016($000's)

Priority payments include amounts paid in respect of vacation pay on termination pay for former employees in provinces where such amounts form a Directors' and Officers' liability and certain statutory termination pay in provinces where such amounts constitute a deemed trust.

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6.2 As summarized above, receipts consist predominantly of the Sale Proceeds. Also

included in receipts is cash on hand at the time of Closing, the proceeds from a term

deposit, and certain tax refunds, all of which, pursuant to the APA, are Excluded Assets

and are therefore the property of the Applicant. Other receipts include refunds from the

cancellation of certain insurance policies and benefits plans, interest, a tenant inducement

that was refunded in association with a disclaimed lease and certain trust funds received

in relation to the Pension Plan, as discussed further below.

6.3 The Applicant’s bank accounts remained open for a period of time post-Closing in order

to allow certain payments to clear. During that time, receipts from credit card sales

continued to be deposited for several days. To the extent that those receipts related to the

post-Closing period, the APA provides that such funds belong to the Purchaser and,

accordingly, have been remitted to the Purchaser, as outlined in the above table.

6.4 Disbursements consist primarily of: (i) the Salus Distribution, as further discussed in the

Sixth Report; (ii) the Working Capital Adjustment paid to the Purchaser, as described in

Section 3 of this Eighth Report; (iii) cure costs of approximately $1.0 million required to

be paid pursuant to the APA, which include approximately $634,000 paid to the

Purchaser to reimburse it for cure costs paid on behalf of the Applicant; (iv) distributions

to certain former employees of the Company in respect of vacation pay accruing on

statutory termination pay in provinces where such amounts form a directors’ and officers’

liability and certain statutory termination pay in provinces where such amounts constitute

statutory deemed trusts; and (v) professional fees, which include amounts that were

accrued but not yet paid at the time of Closing and which are comprised of amounts paid

to the Applicant’s legal counsel, KPMG LLP in association with its analysis of the

Working Capital, the Monitor, the Monitor’s legal counsel, other professionals associated

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with these CCAA Proceedings, and the equivalent of US$853,000 paid to Houlihan

Lokey, Inc. in its capacity as Financial Advisor to the Applicant in connection with the

SISP and under the terms of its engagement with the Applicant.

6.5 In addition to the receipts and disbursements up to February 12, 2016 described above, at

the request of the Applicant, the Monitor has committed to purchase a one-year director

and officer run-off insurance policy with a cost of approximately $25,000, and expects to

receive refunds in respect of HST and a credit balance in the Company’s former benefit

plan totaling approximately $189,000.

7.0 INTERIM DISTRIBUTION

7.1 At the time of the Closing, Comark was indebted to Salus pursuant to the Amended and

Restated Credit Agreement between the Company and Salus dated March 26, 2015 (the

“Salus Credit Agreement”) and the DIP Facility. All of the obligations under the DIP

Facility and a significant portion of the obligations under the Salus Credit Agreement

were satisfied by the distribution to Salus from the Sale Proceeds following Closing. The

remaining obligations under the Salus Credit Agreement (the “Remaining Salus Secured

Claim”) as at February 12, 2016 total approximately $6.7 million, including interest and

fees and the conversion of U.S. dollar denominated amounts into Canadian dollars as at

February 12, 2016.

7.2 The obligations of Comark under the Salus Credit Agreement are secured by first-priority

liens over all of Comark’s present or future property.

7.3 As discussed in the Pre-Filing Report and the Fourth Report, the Monitor’s independent

legal counsel, Goodmans LLP (“Goodmans”), conducted and coordinated a security

review and provided an opinion dated March 25, 2015 confirming the validity and

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enforceability of the pre-filing security in connection with the Salus Credit Agreement as

at the date of the opinion. In provinces where Goodmans does not have an office, local

independent counsel provided opinions with respect to the validity and enforceability of

the pre-filing security in those jurisdictions. No opinion was sought for the Northwest

Territories.

7.4 The discharge of the D&O Charge and the reduction in the amount of the Administration

Charge will allow for distributions to be made to Salus in reduction of the Remaining

Salus Secured Claim, in amounts to be determined by the Monitor based on availability

after reserving for the D&O Reserve Amount and holding back funds sufficient to

complete the administration of the Comark estate.

7.5 The remaining matters to be addressed in completing the administration of the Comark

estate include: resolving the remaining Claims filed in the D&O Claims Procedure;

binding a one-year run-off director and officer insurance policy; the completion and filing

of the Company’s final income tax returns; filing HST returns; dealing with the

approximately $14,000 of cash collateral supporting outstanding letters of credit issued

by the Company to certain utility service providers prior to the commencement of these

CCAA Proceedings; and any other tasks incidental to the completion of the

administration of the Comark estate.

7.6 The Comark estate has insufficient funds to satisfy the Remaining Salus Secured Claim

in full. Accordingly, there are insufficient funds to pay any portion of unsecured claims

and there will not be a claims process for unsecured creditor claims. The Monitor is not

aware of any other secured claims against the Applicant’s estate.

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8.0 PAYMENT OF TRUST FUNDS INTO COURT

8.1 Effective September 30, 1991, the Company terminated and wound-up a defined benefit

pension plan of Robinson’s (the “Pension Plan”), a former division of Comark. The

surplus funds remaining after satisfying all liabilities under the Pension Plan were to be

shared between Pension Plan members and the Company.

8.2 Nine of the Pension Plan members (the “Unlocated Members”) could not be located. As

at July 12, 2012, the total entitlement of the Unlocated Members to the surplus funds in

the Pension Plan was $17,773 (the “Surplus Funds”). At that time, the funding agent for

the Pension Plan, Standard Life Assurance Company of Canada (“Standard Life”) held

the surplus assets relating to the Unlocated Members, as well as the Company’s share of

the surplus assets under the Plan.

8.3 The Company exchanged correspondence with the Financial Services Commission of

Ontario (“FSCO”) regarding the requirements to be met before the surplus funds from

the Pension Plan could be distributed to the Company. Pursuant to these discussions, in

July 2015, Comark created a trust account at Toronto-Dominion Bank (“TD”) to hold the

Unlocated Members’ surplus entitlement amount. A copy of the board resolution

authorizing the establishment of the account, along with certain bank account details, is

attached to the Bachynski Affidavit.

8.4 The Company received its share of the surplus funds from the wind-up of the Pension

Plan from Standard Life on September 30, 2015.

8.5 On July 27, 2015, FSCO advised that, given the Company’s representations about the

creation of a trust account, its file for the Pension Plan was closed, and on September 11,

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2015, Standard Life transferred the Unlocated Members’ share of the surplus funds to the

trust account established by the Company at TD.

8.6 As previously reported, as part of the administration of the estate, Comark’s bank

accounts at TD were closed, and funds from those accounts were transferred to the estate

bank accounts administered by the Monitor. Since Comark will no longer be able to act

as trustee of the funds held on behalf of the Unlocated Members, the Company seeks to

pay $17,773 into Court for the benefit of the Unlocated Members.

9.0 EXTENSION OF THE STAY PERIOD

9.1 The Applicant is requesting an extension of the Stay Period to May 31, 2016. The

Monitor believes that the Applicant has acted and continues to act in good faith and with

due diligence during these CCAA proceedings. Given that the Transaction has closed

and the Applicant is no longer operating, the Applicant has not prepared an extended cash

flow forecast through the expiry of the requested extension to the Stay Period. On behalf

of the Applicant, the Monitor intends to satisfy any amounts properly incurred in respect

of the ongoing administration of the estate, including with respect to completing the

D&O Claims Procedure and paying any D&O Claims determined to be Accepted Claims,

from the funds being held by the Monitor on behalf of the estate. The Monitor anticipates

that such amounts will be primarily limited to professional fees and expenses, the cost of

a one-year run-off director and officer liability insurance policy and other incidental fees

and costs. The funds the Monitor is holding in its estate bank accounts are expected to be

sufficient to satisfy such amounts.

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10.0 MONITOR’S ACTIVITIES SINCE THE DATE OF THE SEVENTH REPORT

10.1 In addition to the Monitor’s activities described above, the activities of the Monitor since

the date of the Seventh Report have included the following:

a) responding to enquiries from stakeholders, including addressing questions or

concerns of parties who contacted the Monitor on the toll-free number or general

email account established by the Monitor;

b) maintaining estate bank accounts, overseeing and accounting for the Applicant’s

post-Closing receipts and disbursements;

c) posting non-confidential materials filed with the Court to the website established

by the Monitor for the CCAA Proceedings;

d) communicating with Salus in respect of the Remaining Salus Secured Claim;

e) communicating with TD regarding cash collateral held in respect of certain

outstanding letters of credit;

f) assisting the Company in respect of its obligations under the APA and the

Transition Services Agreement and, in conjunction with the Company and its

legal counsel, attending to post-Closing matters;

g) communicating with the Company’s insurance broker in respect of insurance

related matters, including arranging for the binding of a one-year run-off director

and officer insurance policy;

h) reviewing and communicating with the Applicant, its legal counsel, Salus and the

Purchaser in respect of the Working Capital Statement and the Working Capital

Adjustment;

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i) attending the hearing held on November 30, 2015 in respect of the extension of

the Stay Period and the approval of the D&O Claims Procedure Order;

j) working with the Applicant, the Applicant’s legal counsel and the Monitor’s legal

counsel in connection with the Applicant’s motion returnable February 23, 2016;

and

k) preparing this Eighth Report in consultation with the Monitor’s legal counsel.

11.0 MONITOR'S RECOMMENDATIONS

11.1 Given the stage of the D&O Claims Procedure and the remaining matters to be addressed

in completing the administration of Comark’s estate, the Monitor believes that the

discharge of the D&O Charge and the reduction in the amount of the Administration

Charge, further distributions to Salus in respect of the Remaining Salus Secured Claim,

and payment of the Surplus Funds into Court for the benefit of the Unlocated Members,

are appropriate in the circumstances. Accordingly, the Monitor recommends that this

Court terminate the D&O Charge, reduce the amount of the Administration Charge,

approve the distributions to Salus and approve the payment of the Surplus Funds into

Court.

11.2 The Monitor believes that an extension to the Stay Period until May 31, 2016 is

appropriate, as it is subsequent to the expiry of the Dispute Period of the Claims filed in

the D&O Claims Procedure that have not yet been fully and finally resolved and should

allow sufficient time for the Monitor, in consultation with the Applicant, to resolve such

Claims and to deal with the remaining matters related to the Applicant’s estate described

herein. Accordingly, the Monitor recommends that this Court grant the requested

extension of the Stay Period.

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11.3 For the reasons set out in this Eighth Report, the Monitor hereby respectfully

recommends that this Court grant the relief requested by the Applicant in its Notice of

Motion.

*****

All of which is respectfully submitted to this Court this 18th day of February, 2016. Alvarez & Marsal Canada Inc., in its capacity as Monitor of Comark Inc.

APPENDIX “A” [ATTACHED]

IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF COMARK INC. Court File No.: CV15-10920-00CL

ONTARIO SUPERIOR COURT OF JUSTICE

COMMERCIAL LIST Proceeding commenced at Toronto

EIGHTH REPORT OF THE MONITOR (Dated February 18, 2016)

GOODMANS LLP Barristers & Solicitors Bay Adelaide Centre 333 Bay Street, Suite 3400 Toronto, Canada M5H 2S7

Robert J. Chadwick LSUC# 35165K rchadwick@goodmans.ca

Brian F. Empey LSUC# 30640G bempey@goodmans.ca

Ryan Baulke LSUC# 66189O rbaulke@goodmans.ca

Tel: 416.979.2211 Fax: 416.979.1234 Lawyers for the Monitor